FA - Bail, Bail, Bail, Off Bail, Charged awaiting trial (but hey what's 18mnths of hell?)

[sinkingnfast]

So I made it here, where to start? I'll try and keep this as brief as possible.

Ok, well on December 6th 2016 I was arrested and detained regarding an alleged Rape and Sexual assault that happened on the 3rd (this surprised the life out of me).

A girl who I had been seeing at the time (and no longer wanted to pursue a relationship with) had reported it to the police on the 5th, following leave of work.

She claims that during the daytime on the 3rd we had consensual sex, only for her to return later in the day and it not be consensual, but that is definitely not the case (obvs far more too this than that but I'm trying to be brief).

So I'm arrested on the Tuesday morning (the 6th) at 4.30am, I first state I want a solicitor and make no further comments.
I get an interview around 9.30/10am and 'no comment' all questions and provide them with a written statement.
I am then released on bail with 1 single condition (no contact).

I am then constantly re-bailed until July/August 2017 when my bail is dropped, but I'm still under investigation.

Then BOOM, on August 15th 2017 I am told the police want to charge me, so rather than wait for a letter I head to the police station with solicitor and get charged.

This is then passed to a Magistrates on the 14/09/17, to be then passed to crown courts on October 12th 2017.

That's where I'm at now, I've entered a not guilty plea and trial is set for mid April of next year.

As of yet the only evidence submitted has been 4 statements =, one VTI from her (with inconsistencies everywhere) and 3 from Family and Friends I have never seen or met (again contradictory) , phone evidence, interviews my neighbours provided etc has still not surfaced (my solicitor points out that the Police/CPS deem it as 'unusable' evidence and have requested we see that ASAP as such.

I'm on a massive roller coster with all of this, I've previously hit rock bottom (drink) because of this, but managed to drag myself back up and get 'better', all be it an expensive way (Detox etc is far from cheap and the one provided through services would not take me on due to the charges against me - So much for innocent until proven otherwise).

It surprised everyone that I know that this has gone 'so far' and yet still has a way to go.

I'll try and leave it at that, there's much more to this.

[Peter1975]

Welcome to DM sinkingnfast, although obviously it would be better that you didn't need to be here.

It would seem to me that your defence is in you being something of a cad, if you dumped this girl unceremoniously with a text for example,it should be straightforward to give a jury some reasonable doubt that she has done this out of spite, hell hath no fury like a woman scorned and all that.

You say there is phone evidence, make sure your solicitors have all texts and anything you can dig up on her social media etc. Write down all details of the day in question and keep a notebook with you, details may prove important.

Hopefully the rest of the disclosure will shed further light, if she has been inconsistent in what she has told others it will be shown to the jury. Work closely and keep in touch with your your legal team and above all be honest with them, giving them every bit of information you can.

Try to look after yourself and stay off the drink, you need a clear head and to be physically fit for the trial, it will be a draining experience.

Have a good look around the forum, plenty have blogged their experiences here. The useful information section has some tips on how to behave in court, how to handle cross examination etc.

http://www.daftmoo.org.uk/mooforum/f...ul-Information

[sinkingnfast]

Thank you for this, the 'dumping' was done via phone call and she openly admits she had attempted to make contact several times after the alleged offence.

As for my phone itself it was immediately ceased from me and the only info I've had regarding it is when the DC asked for some passwords for a backup (I've always backed up to computer, so gave them the password I had used but they said it wasn't working), I was then asked to contact the tech working on it, to which my solicitor was amazed and told me to refer all communication back to them.

I know there is phone evidence but as of yet my solicitor hasn't obtained it (possibly end of Nov when the prosecution submit their report), as for social media I've already grabbed a bulk of info from there.

Regarding inconsistency it's not just between her and others, in the transcript from her VTI she trips up several times throughout that single interview.

Thanks so much for the support, I'll be having a full read over the next few days.

Kind Regards

Welcome to DM sinkingnfast, although obviously it would be better that you didn't need to be here.

It would seem to me that your defence is in you being something of a cad, if you dumped this girl unceremoniously with a text for example,it should be straightforward to give a jury some reasonable doubt that she has done this out of spite, hell hath no fury like a woman scorned and all that.

You say there is phone evidence, make sure your solicitors have all texts and anything you can dig up on her social media etc. Write down all details of the day in question and keep a notebook with you, details may prove important.

Hopefully the rest of the disclosure will shed further light, if she has been inconsistent in what she has told others it will be shown to the jury. Work closely and keep in touch with your your legal team and above all be honest with them, giving them every bit of information you can.

Try to look after yourself and stay off the drink, you need a clear head and to be physically fit for the trial, it will be a draining experience.

Have a good look around the forum, plenty have blogged their experiences here. The useful information section has some tips on how to behave in court, how to handle cross examination etc.

http://www.daftmoo.org.uk/mooforum/f...ul-Information

[Casehardened]

As of yet the only evidence submitted has been 4 statements =, one VTI from her (with inconsistencies everywhere) and 3 from Family and Friends I have never seen or met (again contradictory) , phone evidence, interviews my neighbours provided etc has still not surfaced (my solicitor points out that the Police/CPS deem it as 'unusable' evidence and have requested we see that ASAP as such.

Your solicitor sounds on the ball; it may have been deemed unusable in case it sinks the prosecution case! It unfortunately seems that nowadays the CPS are pushing far more cases through to court and this may simply be because of the complainants 'right to a review' if cases are discontinued; much easier to let the jury throw it out....

[sinkingnfast]

My solicitor has always said similar about the CPS pushing more and more cases like this through. It seems to be one massive waiting game.

On the plus side my mood has been much better this last month, but still more bad days than good.

I just want this to be over now, but that's something I have no control over.

Your solicitor sounds on the ball; it may have been deemed unusable in case it sinks the prosecution case! It unfortunately seems that nowadays the CPS are pushing far more cases through to court and this may simply be because of the complainants 'right to a review' if cases are discontinued; much easier to let the jury throw it out....

[sinkingnfast]

Just a quick update, so the prosecution served papers with 'bits' of text messages, a medical report and statements.

Medical report - doesn't confirm anything.

Statements - Still the same, one from the 'victim' and 3 others from people I've never met, all with a range of different stories, the FA's changes throughout her VTI.

Text messages - From my phone this was done using photos, from hers it's from a dump. These don't really show anything to help to prosecution but what's weird is there's loads missing (which will help my defence).

So my date to submit 'Stage 2' / Defence report is the 22nd of this month, my solicitor has requested all phone information and it's taken till yesterday to even get a reply (which just stated they had phone dumps from the FA's phone starting at the beginning of the relationship to its end, from my phone they've taken photos as were unable to dump the phone).

My solicitor is now writing to the court to get my 'Stage 2' moved back :-(

So here's what I don't get, if the phone interrogation is complete why hasn't this information been provided earlier? Is this normal?

Can I now request my phone back?

In all my mood is better than it has been, but like I'm sure you all know there's more bad days than good, any advice on this?

Many thanks

[Casehardened]

Text messages - From my phone this was done using photos, from hers it's from a dump. These don't really show anything to help to prosecution but what's weird is there's loads missing (which will help my defence).

With the widespread publicity regarding Liam Allen's acquittal resulting from the presentation to court of previously non-disclosed text messages, this sounds a good avenue to pursue.

At the very least it will put the CPS on a backfoot.

[Peter1975]

My solicitor is now writing to the court to get my 'Stage 2' moved back :-(

So here's what I don't get, if the phone interrogation is complete why hasn't this information been provided earlier? Is this normal?

Can I now request my phone back?

In all my mood is better than it has been, but like I'm sure you all know there's more bad days than good, any advice on this?

Many thanks

Prosecution have a duty to assess and disclose anything that could help defence at stage 1, however it's perfectly normal for police or prosecution to "forget" to pass on evidence until much later (ie during the trial) or decide it doesn't meet the test for disclosure and possible you have the Liam Allen case to thank for getting some of the phone evidence at this stage.

You should be able to get your phone back now but might be better for your solicitor to request it and have your own forensics done to see if the missing messages can be found. See what your solicitor says.

As for looking after yourself, there is no harm in visiting your doctor if you feel low for days at a time but sounds like you are coping pretty well with a stressful situation. Keeping active, eating well, exercising and spending time with family and friends are all recommended.

[Franticwithworry]

It seems that the CPS is well aware that there is an issue with disclosure. This is from July 2017 -

https://www.justiceinspectorates.gov...n-court-cases/

and it's past time they fixed the problem. It appears that their report compilers are making appropriate 'noises' but the issue at hand is being ignored in their day-to-day dealings.